31 Ky. Admin. Regs. 5:040

Current through Register Vol. 50, No. 12, June 1, 2024

Section 31 KAR 5:040 - [Effective until 4/17/2031] Questions regarding voter eligibility

RELATES TO: KRS 61.826, 117.001, 117.015, 117.025, 117.035, 117.225, 117.245, 117.227, 117.228, 117.245

NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly administer the election laws of the state. KRS 117.035(4)(c) requires that county boards of election meet and stay in session on primary, regular election, and special election days to correct clerical errors, to rules on questions regarding voter registration, proof of identification, and the curing of signatures relative to mail-in absentee ballots. KRS 117.025(3)(d) requires the State Board of Elections to select the required format for any voter registration list provided to a county clerk. KRS 117.228 details the procedures for casting a ballot if a voter is unable to provide proof of identification or is otherwise known to an election officer and requires the State Board of Elections to prescribe and furnish forms that voters must complete in these circumstances. This administrative regulation establishes procedures for when a voter's eligibility is questioned and the forms that are to be completed when necessary.

Section 1.

(1) A voter unable to provide proof of identification as required under KRS 117.225, and as defined under KRS 117.001(15), shall:

(a) Meet the requirements of KRS 117.228(1)(c) by executing SBE Form 71, Voter Affirmation Form; and

(b) Provide alternative proof of identification as required by KRS 117.228(2).

(2) A voter personally known to an election officer may cast a ballot in accordance with KRS 117.228(4) upon the election officer executing SBE Form 72, Election Officer Affirmation Form.

(3) Both the SBE 71 and SBE 72 shall be forwarded to the local Commonwealth's Attorney following the election.

Section 2.

(1) If an individual presents themselves to an election officer to vote and is not found on the signature roster provided to the county under KRS 117.025(3)(b) or (3)(c) and is not a participant in the Safe at Home Program authorized under KRS 14.302, the individual may vote upon the following taking place:

(a) The individual shall provide to the election officer proof of identification as required by KRS 117.225, or the individual shall follow the procedures of KRS 117.228 if they are unable to provide proof of identification;

(b) The election officer shall contact the county clerk's office and verify that the information provided by the individual establishes that they are registered to vote at the location where the individual has presented themselves;

(c) The individual shall complete the Form SBE 32, Oath of Voter;

(d) The individual shall complete the Form SBE 01, Commonwealth of Kentucky Voter Registration Application;

(e) The individual shall sign the Form SBE 25, Supplemental Precinct Signature Roster;

(f) The election officer shall inform the individual that the Form SBE 32, Oath of Voter shall be forwarded to the local Commonwealth's Attorney following the election.

(2) If the election officer is unable to verify through the county clerk's office that the individual is properly registered to vote in the location where the individual has presented themselves, the election officer shall:

(a) Inform the individual of the location where they are properly registered vote, if known;

(b) Inform the individual of their ability to request a hearing before the county board of elections;

(c) Inform the individual of their ability to cast a provisional ballot for the federal elective office of President, Vice President, United States Senator, and United States House of Representative; and if an individual chooses to cast a provisional ballot for an applicable federal elective office, the election officer shall have the individual sign the Form SBE 35, Provisional Ballot Precinct Signature Roster.

(3) All Form SBE 25, Supplemental Precinct Signature Rosters and Form SBE 35, Provisional Ballot Precinct Signature Rosters, when used for the purposes described in this section, shall be completed digitally through an e-poll book unless there is an emergency condition that renders the e-poll book inoperable, in which case paper forms shall be used. Should such an emergency condition exist, the election officer shall record the circumstances of the emergency condition on the paper forms.

Section 3. During the days that voting may occur during any primary, regular election, and special election, including voting by mail-in absentee ballot, a county board of elections may elect to meet the requirements of KRS 117.035(4)(c) via a video teleconference subject to the mandates of KRS 61.826.

(1) Should a county board of elections elect to meet via video teleconference during a day in which voting may occur, the county clerk's office and each voting location in use in the county shall have technology available to every voter so that the voter may appear before the county board at no financial expense to the voter.

(2) If a county board of elections elects not to meet via video teleconference during a day in which voting may occur, a voter desiring to appear before the county board shall be provided with an option so that the voter may appear before the county board via teleconference, provided that the voter can make themselves available via the same teleconferencing technology the county board has chosen to utilize for such hearings.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Commonwealth of Kentucky Voter Registration Application", Form SBE 01, 04/2024;

(b) "Supplemental Precinct Signature Roster", Form SBE 25, 04/2024;

(c) "Oath of Voter", Form SBE 32, 04/2024;

(d) "Provisional Ballot Precinct Signature Roster", Form SBE 35, 04/2024;

(e) "Voter Affirmation Form", Form SBE 71, 04/2022;

(f) "Election Officer Affirmation Form", Form SBE 72, 04/2022.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State Board of Elections, 140 Walnut Street, Frankfort, Kentucky Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

31 KAR 5:040

50 Ky.R. 2161; eff. 4/15/2024, exp. 4/17/2031 (Emergency).

STATUTORY AUTHORITY: KRS 61.826, 117.015